W. Va. Code R. § 225-1-8 - Division investigations

Current through Register Vol. XXXIX, No. 11, March 18, 2022

8.1. Every agency shall fully inform and cooperate with the Division in its investigation of onsite events.

8.2. The Division's investigation shall consist of, but in the Division's discretion need not be limited to, the review and approval of the agency's determination of the probable cause of the event.

8.3. If the Division determines that the transit agency's determination of probable cause is not supported by a preponderance of the evidence submitted by the agency, the Division may require additional submissions as it deems necessary until it is satisfied that the agency's determination appropriate, or that a preponderance of the evidence submitted by the agency supports a determination other than that of the agency.

8.4. The Division may use a contractor to conduct investigations, and to prepare investigation reports.

8.5. Neither the agency's report of an event under this section, nor any investigation report that may be prepared by the Division or its contractor regarding such event, shall be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in either of the reports.

Notes

W. Va. Code R. § 225-1-8